HomeMy WebLinkAboutResolution 90-327 09/17/1990,,
Resolution No. 90-327 N,C.S.
of the City of Petaluma, California
RESOLUTION OF NECESSITY AUTHORIZING ACQUISITION OF
CERTAIN REAL PROPERTY BY EMINENT DOMAIN FOR
ZONE IV WATER SYSTEM IMPROVEMENTS
WHEREAS, the City of Petaluma is in the process of acquiring
certain real property and property interests for the purpose of
construction, maintenance and operation of improvements to the Zone IV
Water System; and
WHEREAS, construction of the overall system improvements began
on August 17, 1990; and
WHEREAS, it is necessary for the City of Petaluma to acquire the
real properties and property interests described in Exhibits "A" and
"B" which are attached hereto and incorporated herein by reference
(the subject properties") for the purpose of installing roads, water
reservoirs and underground water mains as part of the overall Zone IV
Water System improvements in order to supply domestic drinking water
to the inhabitants of the City of Petaluma; and
WHEREAS, grading of the roads, reservoir sites, and installation
of underground water mains on the subject properties will take
approximately 30 days to complete; and
WHEREAS, grading work on the subject properties must be
completed in order to winterize the sites and have sediment and erosion
control measures in place prior to the beginning of the rainy season;
an d
WHEREAS, the City of Petaluma is authorized to acquire the
property in eminent domain by the eminent domain law set forth in Code
of Civil Procedure sections 1240.010, et seq. ; and
-1-
~zes. No....... 9.0.-, 3 2 7..... v.cs.
WHEREAS, acquisition of the subject properties by the City of
Petaluma is necessary for purposes of the construction of Zone IV Water
District improvements; and
WHEREAS, the planned project is located in a manner that will be
the most compatible with the greatest public and the least private
injury; and
WHEREAS, notices of the proposed adoption of this resolution was
given to owners of the. subject properties as shown on the last
assessment roll by first-class mail on August 31, 1990; and
WHEREAS., a public hearing was held on September 17, 1990, and
all interested persons who filed written requests for hearing were given
the opportunity to be heard; and
WHEREAS, the offers required by Government Code section 7267.2
have been made to the owners of record of the subject properties;
NOW THEREFORE, BE IT RESOLVED AND DECLARED AS
FOLLOWS:
1. The public interest and necessity require the proposed public
project, namely the construction, maintenance and operation of Zone IV
Water System improvements, including the installation of roads, water
reservoirs and water mains on the subject properties .
2. The proposed project is planned or located in the manner that
will be the most compatible with the greatest public good and the least
private injury.
3. The subject properties are necessary for the proposed
project.
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Reso. 90-327 N.C.S.
.,,
4. The City Attorney for the City of Petaluma is authorized to
begin eminent domain proceedings for the purpose of acquiring the
subject properties in order to install, maintain and operate Zone IV
Water System improvements, and is further authorized to obtain orders
of immediate possession for the subject properties on behalf of the City
of Petaluma.
resolution 17
RES02
9/12/90
Under the power and authority conferred upon this Council by the Charter of said City.
REFERENCE: I hereby certify the foregoing Resolution was introduced and adopted by the Approved as to
Council of the City of Petaluma at a (Regular) (1~illi~~~) meeting~''~ rm
on the ..-.--1.7_ th-.-.-..... day of ...................s.~.p t.emb ~.x.................., 19.. q Q , by the
following vote: '~
Ci y Attorney
AYES: Tencer, Woolsey, Balshaw, Davis, Vice Mayor Sobel, Mayor Hilligoss
NOES: Cavanagh
ABSENT: 0
~f ~ /~ ~ e
ATTEST: .-•- - •-- -~~~~~--c'G-~L,~:•••~-----.,....... .
City Clerk -~- Mayor
cn io-es
Council File.-...-...--°-----°•°---.--.°-•-
u~s. No.......9.9-..3:2Z...... ~.cs.
5610
- ~ Page 1 of 2
LEGAL DESCRIPTION
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All. that real property situate in the County of Sonoma, -State of California, and
also being a portion ofi the. Lands of Mervyn A. Sartori and Carpl D. Sartori as
described in Document IVo. 87.1.03851, Sonoma. County Records, and being
more particularly described as follows:
Beginning at a point from which the intersection of the- southwesterly line of~ the
said Lands of Sartori and.. the westerly line of IVlanor Lane bears South
35°45'24" East 979.65 feet; thence .from the TRUE POINT OF BEGINNING
South 80°50'00" West 240.00 feef; thence North 1.6°00'00" West 460.00 feet;
thence North 80°50'00" East 267.59 feet; thence South 16°00'00" East'248.70'
feet; thence North 80°50'0:0" Eas4 50.00 feet; thence South 09°10'00" East
133.00 feet; thence South 25°10'00" West 98.00 teat to the point of beginning.
Containing 2.94 acres, more or less.
AR EL
Beginning ate a point on the westerly side of Manor Lane .(aka "Mountain Road")
from which the intersection of-the. southwesterly line of the said Lands of Sartori
and the said westerly line of Manor Lane bears South 24°20'37" West 40.76
feet; thence from the' TRUE POINT OF BEGINNING .North 54°34'41'' West
376.28 feet; thence North 3'S°25'19° East 20:00 .feet to a curve concave to the
East, with a radial bearing of North 35°25'19" East.; thence northwesterly along
said curve having a radius of 60.00 feet through a central angle of 84°04'41"
with an arc_ length of 88.05 feet; thence North 60°30'00" West 20.00 feet;
thence Nortfi 29°30'00" East T3.28 feet to a.curve o the left having a radius of
120.00 feet through a central angle of-29°30'00" with an arc length of 61.79
feet; thence North ~00°00'00° East. 134,04 feet to a curve.to the left having a
radius of 120:00 feet through a central angle of 20°00'OOW with an arc length of
41:89 feet; thence North 20°00'00"West 67.05 feet to a curve to the left having
aradius of .170.00 feet through: a central angle of 26°30'00` with an arc _length
of 78.63 feet; thence North 46°30'00' West (86.54 feet to a curve to the left
having a radius of 120.0:0: feet through' a central angle of 18°20'00" with an arc
%~
5610
Page 2 of 2
length of 38.4'0 feet to the' southeasterly line of the; above-mentioned-tank site;
thence along said southeasterly. line: South 25°10'0.0° UNest 40..00 feet; thence
leaving said. southeasterly line and .along a curve to the right having a radial
bearing of South 25°10'00"' West and a radius of 80..00 feet through a central
angle of- 18°20'00" with. an arc length of~ 25.60. feet; thence South 46°30'00"
East 1:86.54, feet to a curve to the right having. a radius. of 130.00 fee4 through a
central angle of 26°30'00" with an arc Length. of 60.13 feet; thence South
20°00'00" East 67.05 feet to a curve to tfie right having a radius of 80:00 feet
through a central angle of 20°00'00° with' 'an arc length of 27.93 feet; thence
South 00°00'00" West 13.4,:04 feet. to a. curve. to the right having aradius; of
80.00 feet through a central angle of. 29°30'00" ;with. an arc length of 41.1.9 feet.;
thence South 29°30'00" West 13;28 feet to a cuive~to the left having a radius of
120:00 feet- through a central angle of 84°0.4'4.1;' ucith an arc length of 176:09
feet to ffie said southwesteriy line of ,Lands' of Sartori; thence abng~ said
southwesterly line South 54°34'31" East 384.11 feet `to the: said westerly line of
.Manor Lane; thence along said westerly line North 24°20'37" East 40.76 feet to
the point of beginning:
Containing 1.:07 acres, more or less.
Affecting APN 17-080-01:
END'OF DESCRIPTION
LEGAL'DESCRIPTIOfU PREPARED BY
AIIACKAY ~ SOMF~S CIVIL ENGINEERS, INC.
1724 Corby Av
SantaRosa. Cal' ~ ,S6
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License Ex ~° e~ 0~ ,~
Date; ~° _
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F ~F CA1.`~
LEC3AL DESCRIPTION
Aq that rest property situat® in th.e County of Sonoma, State ot`Caufomia; and also being a portion
of fife Lande.of l)eMarttrtf'as described In Document No: 87-t036i0, Sor~ma County Records, and
being more paNCUlerly described as folbws:
Beprtrting on tAe southeasterly Gne: of Lot 285 as shown; upon the, map of Petaluma Rancho filed by
C; W. Rowe, Esq: filed for recorq 'In Book 8. of .Maps. gat. Page t5, Sonoma County Records, from
which 'the the most southerly corner.•°of said Lot' 285 bears Sout_A 35°20`28° west 1.668.81 leer:
thence .from the 7RUE POINT 0l= BEGINNING North 54°00'00° West 76.18 feet: thence Soutn
38°00'00" West 713:00 feet; thence South 70°00'00' West 186:00 feet-,. Thence North 33°00'00'
West 2139.00 feet; thence North, 38°00'00' East 200.00 feet; thence North -86°00'00' East 782.00
.leer, thence South a5°00'00' East 313.23 °feet to the said aoutheasierly line of lot 285;: thence
abrtg said sautheasteryy Gne South 35°20'28' (Nest 1'04.36 teat to the point of beginning.
Containing'3.01 acres, more or less.
BeginNrsg on a said southeasterly Gne of Lot, 288 from vrhlCh the most' southerly corner of said bt
bears South 35°20'28' Wrist, 979.70 feet; thence from fife TRUE POINT OF BE(31NNING North
07°00'00' East 85:98 feet; thence 'North' 31 °50'00' East; 503.90 feet; thence NoRh 04°SObO' East
29.97 feet to the. southeasterly Itne of the hereon described tank sate; thence abng said southeasterly
line North 36°00'00' Eaat 19.32 feet;. ihertCe leaving Said`southerry. One South 04°50'00' Wesf 48.90
feet; thenc® South 3t°50'00' West,504.t0~feet thence South 07°00'00"West .45.23 feet. to the said
southeasterly One o1 lot 285; ihenos abng Said 80utheaStely Ilse SouN 35°20'28' West-21.07 feet to
the' point of" be®inNng.
ContaWng O.t4 acres, more or°Ieae.
BAginNng on said southeasterly_~n® of Bald LOt 286 from-which the moat.southerty Corner of said bt
beats South 35°20'28' West 990.24 Teat; hence North 07°00'00" East .55.61 feet; thence North
31°50'00"-East 504.00 feet, thence: North 04°50'00' East 39:43 •teet to sa(d southeasterly- Gne of
hereon described tank sfte and the nortlterjy terminus. of said tempotar"y construction easemera.
The. sidelines are to b® extended or'shertened to meet at the southeasterly Ana of said Lot 285 and
the southeasterly line of said tank sit®.
AHeeting APN 137-03-04.
:END OF DESCRIPTIOfd
tufACK
EXI-IIBI7: ;
.LEGAL DESCRIPTION PREPARED 8Y
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PF O:J;ECT N0.9730